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Written Question
Prosecutions
Monday 25th April 2016

Asked by: Lord Condon (Crossbench - Life peer)

Question to the Attorney General:

To ask Her Majesty’s Government what action they are taking in response to the recent news that one in eight cases at Crown Court are not proceeded with by the Crown Prosecution Service, even though the defendants have been formally charged.

Answered by Lord Keen of Elie

All cases are kept under constant review as they progress through the criminal justice system. If new evidence comes to light, a witness decides to no longer support a prosecution or a co-defendant pleads guilty to the offence, the CPS will then review the case. If there is no longer sufficient evidence or if it is no longer in the public interest, the CPS will stop a prosecution.

The Transforming Summary Justice (TSJ) and Better Case Management (BCM) initiatives, introduced nationally, are recent programmes which will have a material and positive impact on both levels and timing of discontinuance. These include earlier, pre-first magistrates’ hearing case review by prosecutors; an emphasis on early defence engagement; listing periods that support the time required to prepare the case; and improved processes to gather and serve evidential material and disclosure prior to court hearings.